Master'sOpen Access

Philosophical foundations of property and intellectual property

2013
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Advisor: Prof. Dr. İlyas Doğan

Abstract (EN)

Property can be defined as a right of one person on a ware which provides all kinds of supremacies which do not violate laws and third persons? rights. Property can be classified according to the classification of individual and collective property that comprises all of the other classifications. When collective property means common ownership of certain group of person?s past and future generations; individual property means all the other kinds of property which are not collective property. Intellectual property is also one kind of individual property. In spite of the fact that intellectual property is one kind of individual property, theories suggested for justifying individual property are insufficient for justifying intellectual property, because there are differences between individual and intellectual property. Primarily intelectual property vests abstract possessions unlike individual property. Intellectual property entitles the owner for limited time differently from individual property. In addition, rights on ware entitled by individual property do not restrict other persons? liberties, but limits the actions on that particular ware. However intellectual property restricts sequentially more than one actions independently from time and place. So it also limits liberties. Individual property theories made up for the deficiencies and modified for justifying intellectual property by thinkers. There are four intellectual property theories: Labor theory, personality theory, utility theory and social planning theory. In spite of ideas of the thinkers who support intellectual property?s existence, there are also thinkers against intellectual property. They claim that intellectual property theories are insufficient and unsuccessful for justifying intellectual property. Hence intellectual property is not justified. In addition, some of them asserts that intellectual property is a useless monopoly.

Author

Dr. Dilara Buket Tatar

How to Cite

Dilara Buket Tatar (Master Thesis). Philosophical foundations of property and intellectual property, 2013, Gazi University.

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